Philips v. Wickham
New York Court of Chancery
By the act of March 6th, 1807, entitled “ An act to raise moneys to drain the drowned lands in the county of Orange,” three inspectors were appointed to determine the number of acres of land belonging to each owner or proprietor which would be benefited by removing the obstructions in, and straightening the course of the river Wall Kill and the two streams falling into the same ; and to malrc a roll thereof containing a statement of the several lots so to be benefited, with…
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By the act of March 6th, 1807, entitled “ An act to raise moneys to drain the drowned lands in the county of Orange,” three inspectors were appointed to determine the number of acres of land belonging to each owner or proprietor which would be benefited by removing the obstructions in, and straightening the course of the river Wall Kill and the two streams falling into the same ; and to malrc a roll thereof containing a statement of the several lots so to be benefited, with the number of acres in each, distinguishing whether the same was held in severalty, in common, in joint tenancy or…
1Opinion of the Court
*The Chancellor :—By the answer of the defendants, which has been read in opposition to this motion, it pretty satisfactorily appears that the defendants are, in good faith, pursuing the course, in draining the drowned lands, which they believe to be the best, and the least expensive to the owners or proprietors. The statute has committed that question to their decision, and unless they are exercising the right illegally, or unconscientiously, this court ought not to interfere, although the Chancellor might differ with them in opinion. This is not the proper tribunal to correct mere errors of…
2Cases cited2 opinions
- Slee v. BloomNew York Supreme Court · 1822
- People v. RunkelNew York Supreme Court · 1812
3Cited by27 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Robertson v. BullionsNew York Supreme Court · 1850
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
- Clemens v. . ClemensNew York Court of Appeals · 1867
- Inasmuch Gospel Mission, Inc. v. Mercantile Trust Co.Court of Appeals of Maryland · 1945
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